근로자퇴직급여보장법위반등
Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a D representative located in militaryposi C and 102, who has run a gold-type business using one full-time worker.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, who worked from September 1, 2015 to August 31, 2017, did not pay KRW 1,390,250, in total, KRW 500,00 of the F’s wages in August 2017, from September 1, 2015 to August 31, 2017, including KRW 550,000, and KRW 340,250,00 for the settlement amount of income tax at the end of the year, and KRW 1,390,250, respectively, within 14 days from the date of retirement without any agreement on the extension of the day of payment between the respective parties.
(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace from September 1, 2015 to August 31, 2017 and did not pay KRW 4,600,000 of retirement pay of the retirement pay of the E, from September 1, 2015 to August 31, 2017, from September 1, 2015 to August 31, 2017, and has worked and has not paid KRW 7,133,32 of the retired retirement pay of the F, from September 1, 2015 to August 31, 2017, without agreement on the extension of the payment date between the respective parties.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each statute of F, E, and G;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of unpaid wages) on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;